Buy-Sell Agreements: Ticking Time Bomb or Reasonable Resolution?
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In this book from Mercer Capital, they speak from their own experiences valuing hundreds of buy-sell agreements. You will gain insight into:
- The folly of fixed-price or formula pricing
- The different appraisal mechanisms
- The common misunderstandings that can end up as big money issues
- The pitfalls of buy-sell templates
"Overall, Mr. Mercer provides valuation practitioners, business consultants, and business owners with a very useful handbook for preparing, reviewing and interpreting buy-sell agreements." David A. Ellner, CPA/ABV, The Financial Valuation Group
Table of Contents
Introduction
Who Should Read This Book
Why This Book Is Important
Definition
Key Aspects of Buy-Sell Agreements
How to Read This Book
SECTION ONE:
An Introduction to Buy-Sell Agreements
Chapter 1: How Buy-Sell Agreements Come Into Existence
Chapter 2: What Are Buy-Sell Agreements Designed To Accomplish?
Chapter 3: Business Factors to Consider With Buy-Sell Agreements
SECTION TWO:
Categories and Types of Buy-Sell Agreements
Chapter 4: Categories of Buy-Sell Agreements
Chapter 5: Types of Buy-Sell Agreements
Chapter 6: Fixed Price Buy-Sell Agreements
Chapter 7: Formula Buy-Sell Agreements
Chapter 8: Shotgun Agreements
Chapter 9: Rights of First Refusal
SECTION THREE:
Process Buy-Sell Agreements
Chapter 10: Introduction to Process Buy-Sell Agreements
Chapter 11: Process Buy-Sell Agreements
Chapter 12: Multiple Appraiser Agreements
Chapter 13: Single Appraiser Agreements
Chapter 14: A Hybrid Agreement (Single Appraiser Agreement with Multiple Appraiser Options)
Chapter 15: Other Items of Importance in Process Buy-Sell Agreements
SECTION FOUR:
Six Defining Elements of Buy-Sell Agreements
Chapter 16: Defining Element #1: The Standard of Value
Chapter 17: Defining Element #2: The Level of Value
Addendum to Chapter 17
Chapter 18: Defining Element #3: The “As Of” Date of the Appraisal
Chapter 19: Defining Element #4: Appraiser Qualifications
Chapter 20: Defining Element #5: Appraisal Standards
Chapter 21: Defining Element #6: Funding Mechanisms
SECTION FIVE:
War Stories
Chapter 22: War Stories
SECTION SIX:
Action Items
Chapter 23: Buy-Sell Audits & Buy-Sell Audit Checklist
Chapter 24: The One-Percent Solution
Appendices
Appendix A: The “Valuation Professional” vs. the “Industry Expert”
Appendix B: Business Valuation Professional Credentials Chart
Appendix C: Uniform Standards of Professional Appraisal Practice
Appendix D: Business Valuation Standards© of the American Society Of Appraisers
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